FALL 2015

‘Elements of Law: Part One’

(AP/ADMS 2610 3.0 Section H)

(Note: Subject to Further Revision)

Faculty of Liberal Arts and Professional Studies

School of Administrative Studies

York University

Course Director: R. Lof

Office Hours: 7:00pm – 7:30 pm Tuesday evenings in the classroom or after class whichever is earlier

Classroom: ACE 003

Phone: NA

Email:

Required Texts:The required text for the course is Contemporary Canadian Business Law, Principles and Cases, (2015) 11th Edition, J.A. Willes & J.H. Willes, McGraw-Hill Ryerson (“Textbook”) which is available in the York University Bookstore.

Important Dates:Please refer to:

Add and Drop Deadline Information

There are deadlines for adding and dropping courses, both academic and financial. Since, for the most part, the dates are different, be sure to read the information carefully so that you understand the differences between the sessional dates below and the Refund Tables.

You are strongly advised to pay close attention to the "Last date to enroll without permission of course instructor" deadlines. These deadlines represent the last date students have unrestricted access to the registration and enrolment system.

After that date, you must contact the professor/department offering the course to arrange permission.

You can drop courses using the registration and enrolment system up until the drop deadline. After that, you will receive a grade for the course.

MID-TERM EXAM:Held During Session Six

Students who miss the mid-term exam must provide a completed "Attending Physician's Statement"

within 5 business days of the mid-term to the School of Administrative Studies (Atkinson, room 282) which must include the name and phone number of a contact person who can verify the reason for absence. Failure to do so shall result in a grade of 0 for the mid-term.

Please do NOT email your “Attending Physician’s Statement” or any supporting documentation to your course director or to the School of Administrative Studies. Only original signed copiesor original supporting documents will be considered acceptable.

Students who for any reason do not attend the mid-term of the section they are enrolled in will not be permitted to write the mid-term. If a mid-term is written and the course is not dropped by the drop date, then the mid-term mark will count towards the final grade.

Notes:

•It is your responsibility as a student to ensure that you are available to sit for examinations during the entire exam period for the term corresponding to your course. We strongly recommend that you do not make any travel arrangements prior to the end of the term's examination schedule.

‘Elements of Law: Part One’

(AP/ADMS 2610 3.0)

Course Outline

Course Description: This course is intended to provide students with the basic legal principles and frameworks that are necessary when one is operating within a business context. The coursewill introduce students to the fundamental building blocks of business law, contracts and torts (e.g. negligence). This will be followed by a discussion of the legal aspects of the different forms of business organization including: sole proprietorships; partnerships; and corporations. Other important areas of business law to be covered include: employment law; consumer law; competition law; environmental law; bailment; real estate law (including mortgages); as well as intellectual property. The course is not designed to turn students into lawyers, but to provide them with the basic knowledge and understanding of legal principles so that they are more fully aware of the legal implications of their actions in business and can more easily navigate within the Canadian legal system.

* Note that not only does Law have its own language, but its concepts and terms are more commonly expressed in formal legal English language and grammar, which students will have to understand and apply for examination purposes.

Course Learning Objectives:

The primary learning objectives of this course are as follows:

  1. To have a basic understanding of the key legal concepts and principles that relate to business activity, whether as an owner, professional, employee, manager, executive, or director.
  2. To become more aware of the legal implications that can arise while engaged in business activity in order to know when to engage the assistance of a lawyer, as well as how to be a more informed and knowledgeable legal client.
  3. To develop critical decision-making skills via the application of concepts and legal principles to business cases.

Student Assignments and Grading:

Assignment / Grade Weight / Date
1) Mid-Term Exam / 40% / Session Six
2) Final Exam / 60% / During the Final Exam Period
TOTAL / 100%
Mid-Term: The Mid-term Examination will cover materials discussed during Sessions 1 through 5 of the course. The Mid-term Examination will be closed book and will take place during session six. It will consist of a series of multiple choice questions, true/false, short answer, and/or case analysis questions.
Final Exam:The final exam is cumulative of all of the material covered in the course, is closed book, and will take place during the final exam period. Students are not allowed to use dictionaries but can ask the course director to explain any words they do not understand, provided these are not legal terms from the course. Students should bring with them their current identification card and their York Card or one piece of photo identification.

Class Expectations and Participation

In general, the readings each week for the course will be quite heavy, but it is important that you take the time to do the readings and not fall behind. This will help with one’s understanding of the material presented during the lectures. It is also important to read all the assigned cases beforehand so you will be prepared to discuss them in class.

Attendance at each session is expected.

Elements of Law

Subject code / instructor / Time / start date
AP/ADMS 2610.3.0 / R. Lof / 7:00 – 10:00 pm / January 7, 2015 /
topics covered / readings and cases
part one:
session one
Sept. 15, 2015
introduction / Sources:
Sources of Law, Constitution, Charter of Rights and Freedoms, Judicial System, Civil Court Procedure, Administrative Tribunals, Alternative Dispute Resolution (ADR) Legal Profession / Chapter 1
Chapter 2
Chapter 3
session two
sept. 22, 2015
contracts
part 1 / Contracts (1):
Elements of a valid contract: Intention, Offer and Acceptance, Consideration, Quantum Meruit, Debtor-Creditor, Capacity, Legality, Form and Writing, the Statute of Frauds / Chapter 7
Chapter 8
Chapter 9
Chapter 10
session three
sept. 29, 2015
contracts
part 2 / Contracts (2):
Mistake, Misrepresentation, Undue Influence, Duress, Contractual Privity, Assignment, Performance, Breach, Duty to Mitigate, Remedies / Chapter 11
Chapter 12
Chapter 13
Chapter 14
session four
oct. 6, 2015
torts and professional liability / Torts:
Intentional Torts, Business and Related Torts & Crimes, Unintentional Torts, Vicarious Liability, Negligence, the Concept of Foreseeability, Manufacturer’s Liability, Tort Defences, Remedies, Professional Standards and Professional Obligations, Professional-Client Relationships / Chapter 4
Chapter 5
Chapter 6
part two:
special legal rights & relationships
session five
oct. 13, 2015
security for debt, negotiable instruments and international law / Security for Debt: Forms, Statutory Protection for Creditor Security, Priorities
Negotiable Instruments: Bills of Exchange, Cheques, Promissory Notes, Defences, Consumer Protection and Negotiable Instruments
International Business Law: Importing and Exporting Goods to and from Canada, International Trade Regulation, International Trading Relationships and Contracts of Sale, International Trade Dispute Arbitration / Chapter 29
Chapter 28
Chapter 33
Note: The second half of this lecture will be a review in preparation for the Mid-Term Examination next week.
session six
oct. 20, 2015
test / MID TERM EXAMINATION
(1.5 hours), Closed Book / This test will cover the material discussed in Sessions 1 – 5 (above)
part three: business organizations
session seven
oct. 27, 2015
forms of business / Business Organizations Other Than Corporations:
Sole Proprietorship, Partnership, Partnership Liability for Acts of Employees, Rights and Duties of Partners to One Another, Dissolution of Partnership, Limited Partnership, Limited Liability Partnership
The Corporation: Nature of a Corporation, Methods of Incorporation, Articles of Incorporation, Shareholders’ Agreements, Corporate Securities, Duties and Responsibilities of Directors, Director’s Liability, Defence of Due Diligence, Sarbanes Oxley Act, Shareholders’ Rights, Purchase and Sale of a Corporation / Chapter 16
Chapter 17
part three:
miscellaneous business law
Session eight
nov. 3, 2015
agency, bailment and employment law / Agency: Role of an Agent, Agency by Express Agreement, Duties of Parties, Agency by Conduct or Estoppel, Agency by Operation of Law, Ratification of contracts by the Principal, Agency Relationship
Bailment: Nature and Types of Bailment, Bailor-Bailee,
Employment Law: Contract of Employment, Dismissal and Wrongful Dismissal, Employer Misrepresentation, Employer Liability to Third parties, Employer Liability for Employee’s Injuries / Chapter 15
Chapter 20
Chapter 19
session nine
nov. 10, 2015
government regulation of business:
sale of goods
consumer protection
restrictive trade practices
environmental law / Sale of Goods: Codification of the Law, Nature of a Contract of Sale, Contractual Duties, Remedies, Electronic Sale of Goods
Consumer Protection Legislation: Consumer Safety, Consumer Information, Consumer – Product Quality and Performance Protection, Consumer Protection Related to Business Practices, Credit-Granting Consumer Protection, Credit Reporting Consumer Protection
Restrictive Trade Practices: Mergers, Conspiracies and Combinations in Restraint of Trade, Offences Relating to the Distribution and Sale of Products, Civil Actions under the Competition Act
Environmental Legislation: Environmental Responsibility / Chapter 21
Chapter 27
Chapter 32
Chapter 34
Session ten
nov. 17, 2015
REAL PROPERTY LAW
MORTGAGES
LEASEHOLD INTERESTS / Real Property Law: Easements, Restrictive Covenants, Title to Land, Registration of Property Interests
Mortgages: Priorities, Rights and Duties of the Parties, Special Clauses, Discharge of Mortgage, Assignment, Sale of Mortgaged Property, Default: Foreclosure and Sale, Business Applications of Mortgage Security
Leasehold Interests: the Creation of a Tenancy, Rights and Duties of the Landlord and the Tenant, Rights of the Landlord for Breach of the Lease, Rights of the Tenant for Breach of the Lease / Chapter 22
Chapter 23
Chapter 24
session eleven
nov. 24, 2015
INTELLECTUAL PROPERTY LAW / Intellectual Property Law: Patents, Trademarks, the Trademarks Act, Franchises, Copyright, the Copyright Act / Chapter 26
session twelve
dec. 1, 2015 / Exam Review
session thirteen
dec 9 – dec 22 2014 / FINAL EXAMINATION
Closed Book – 3.0 hours / The final examination covers the entire course.

RELEVANT UNIVERSITY REGULATIONS

Deferred standing may be granted to students who are unable to write their final examination at the scheduled time or to submit their outstanding course work on the last day of classes. In order to apply for deferred standing, students must complete a Deferred Standing Agreement (DSA) form and submit their request no later than five (5) business days from the date of the exam. The request must be properly submitted with supporting documentation directly to the main office of the School of Administrative Studies (282 Atkinson), NOT to the Course Director. These requests will be considered on their merit and decisions will be made available to the students by the main office in the School's web site (under the heading of 'Links'), no individualized communication will be sent by the School to the students (no letter or e-mails). The status of the DSA submitted shall be checked at:

Students with approved DSA will be able to write their deferred examination during the School's deferred examination period. No further extensions of deferred exams shall be granted. The format and covered content of the deferred examination may be different from that of the originally scheduled examination. The deferred exam may be closed book, cumulative and comprehensive and may include all subjects/topics of the textbook whether they have been covered in class or not. Any request for deferred standing on medical grounds must include an Attending Physician's Statement form; a “Doctor’s Note” will not be accepted.

DSA Form:

Attending Physician's Statement form:

The deferred examinations for the FA 2015term shall be held on dates to be provided.

Academic Honesty: The Faculty of Liberal Arts and Professional Studies considers breaches of the Senate Policy on Academic Honesty to be serious matters. To quote the Senate Policy on Academic Honesty:“The Policy on Academic Honesty is an affirmation and clarification for members of the University of the general obligation to maintain the highest standards of academic honesty. As a clear sense of academic honesty and responsibility is fundamental to good scholarship, the policy recognizes the general responsibility of all faculty members to foster acceptable standards of academic conduct and of the student to be mindful of and abide by such standards.” Suspected breaches of academic honesty will be investigated and charges shall be laid if reasonable and probable grounds exist.

Students should review the York Academic Honesty policy for themselves at:

Students might also wish to review the interactive on-line Tutorial for students on academic integrity, at:

Grading Scheme and Feedback Policy: The grading scheme (i.e. kinds and weights of assignments, essays, exams, etc.) shall be announced, and be available in writing, within the first two weeks of class, and, under normal circumstances, graded feedback worth at least 15% of the final grade for Fall, Winter or Summer Term, and 30% for ‘full year’ courses offered in the Fall/Winter Term be received by students in all courses prior to the final withdrawal date from a course.

Note: Under unusual and/or unforeseeable circumstances which disrupt the academic norm, instructors are expected to provide grading schemes and academic feedback in the spirit of these regulations, as soon as possible. For more information on the Grading Scheme and Feedback Policy, please visit:

In-Class Tests and Exams - the 20% Rule: For all Undergraduate courses, except those which regularly meet on Friday evening or on a weekend, tests or exams worth more than 20% will not be held in the two weeks prior to the beginning of the official examination period. For further information on the 20% Rule, please visit:

For further information on examination scheduling and other important dates, please refer to:

Reappraisals: Students may, with sufficient academic grounds, request that a final grade in a course be reappraised (which may mean the review of specific pieces of tangible work). Non-academic grounds are not relevant for grade reappraisals; in such cases, students are advised to petition to their home Faculty. Students are normally expected to first contact the course director to discuss the grade received and to request that their tangible work be reviewed. Tangible work may include written, graphic, digitized, modeled, video recording or audio recording formats, but not oral work. Students need to be aware that a request for a grade reappraisal may result in the original grade being raised, lowered or confirmed. For reappraisal procedures and information, please visit the Office of the Registrar site at:

Accommodation Procedures: LA&PS students who have experienced a misfortune or who are too ill to attend the final examination in an ADMS course should not attempt to do so; they must pursue deferred standing. Other students should contact their home Faculty for information. For further information, please visit:

Religious Accommodation: York University is committed to respecting the religious beliefs and practices of all members of the community, and making accommodations for observances of special significance to adherents. For more information on religious accommodation, please visit:

Academic Accommodation for Students with Disabilities:

The nature and extent of accommodations shall be consistent with and supportive of the integrity of the curriculum and of the academic standards of programs or courses. Provided that students have given sufficient notice about their accommodation needs, instructors shall take reasonable steps to accommodate these needs in a manner consistent with the guidelines established hereunder. For more information please visit the Disabilities Services website at:

York’s disabilities offices and the Registrar’s Office work in partnership to support alternate exam and test accommodation services for students with disabilities at the Keele campus. For more information on alternate exams and tests please visit:

Please alert the Course Director as soon as possible should you require special accommodations.

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